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Hadaway, Beck & Buxbaum v. Thomas Tooke, USFS Chief
Civil Action No. 2:18-cv-107-RWS
U.S. District Court, Northern District of Georgia (Gainesville Div.)
DOCKET as of: 08/31/2018 04:38 PM EDT:
Date Filed # Docket Text
07/02/2018 1 COMPLAINT (Filing fee $400.00, receipt number 113E−7985967) filed by Brynan Hadaway, Garrick Beck, Adam Buxbaum.
(Attachments: # 1 Civil Cover Sheet)(rsg) (Entered: 07/03/2018)
07/02/2018 2 MOTION for Temporary Restraining Order with Brief In Support by Garrick Beck, Adam Buxbaum, Brynan Hadaway.
(Attachments: # 2.1 BRIEF,
# 2.2 Exhibit Statement Under Penalty of Perjury − Beck,
# 2.3 Exhibit Statement Under Penalty of Perjury − Buxbaum,
# 2.4 Exhibit Statement Under Penalty of Perjury − Chastain,
# 2.5 Exhibit Statement Under Penalty of Perjury − Hadaway,
# 2.6 Exhibit Statement Under Penalty of Perjury − Sedlacko,
# 2.7 Exhibit Statement Under Penalty of Perjury − Wenrich)(rsg) (Entered: 07/03/2018)
07/03/2018 Submission of 2 MOTION for Temporary Restraining Order, to District Judge Richard W. Story. (rsg) (Entered: 07/03/2018)
07/03/2018 3 COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 07/03/2018)
07/03/2018 4 Preliminary Injunction ORDER re 2 Motion for TRO:
Defendant USFS is enjoined from establishing or conducting checkpoints in the Chattahoochee National Forest except as authorized by law in accordance with the Forest Service Law Enforcement Handbook, FSH 5309.11.
It is FURTHER ORDERED that the USFS may establish and conduct checkpoints in the Chattahoochee National Forest provided such checkpoints comply with the U.S. Constitution and the laws of the United States as set forth in the Forest Service Law Enforcement Handbook, FSH 5309.11. See e.g. City of Indianapolis v, Edmond, 531 U.S. 32, 121 S. Ct. 447 (2000).
It is FURTHER ORDERED that Defendant USFS is enjoined from undertaking any motor vehicle search for criminal purposes without exigent circumstances, probable cause, or reasonable suspicion as set forth in the Forest Service Law Enforcement Handbook, FSH 5309.11. It is FURTHER ORDERED that Defendant, its agents and its employees shall not be subject to contempt for failure to comply with this Order if such person lacks actual knowledge of this Order at the time of any alleged violation.
It is FURTHER ORDERED that this Order applies to the USFS, its agents and its employees. This Order does not apply to agents or employees of other federal, state or county agencies over whom the USFS has no control. It is FURTHER ORDERED that this Order shall expire on July 7, 2018, at the close of the Rainbow Family gathering. Signed by Judge Richard W. Story on 07/03/2018. (rsg) (Entered: 07/03/2018)
07/03/2018 5 Minute Entry for proceedings held before Judge Richard W. Story: Telephone Conference held on 7/3/2018. The Court heard from counsel and discussed the preliminary injunction requested from defendants. Counsel for both parties agreed to work together on an order to present to the Court for consideration later today. (Court Reporter Amanda Lohnaas)(sk) (Entered: 07/06/2018)
08/30/2018 6 NOTICE of Voluntary Dismissal Without Prejudice filed by Brynan Hadaway
(Goldberg, Ralph) (Entered: 08/30/2018)
08/31/2018 Clerk’s Entry of Dismissal APPROVING 6 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(i) (dgr) (Entered: 08/31/2018)
08/31/2018 Civil Case Terminated. (dgr) (Entered: 08/31/2018)